[2022] KEHC 16631 (KLR)
The court found that the applicant had established ownership of the motorcycle through documentary evidence and that no other party had made a claim to it. Accordingly, the court exercised its discretion to order the release of the motorcycle to the applicant's designated recipient, subject to proper identification...
Source-derived case information.
- Citation
- [2022] KEHC 16631 (KLR)
- Parties
- Applicant: Jack Omollo Janeno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E151 of 2022
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Release of Property and Sentence Reduction
- Outcome
- Application for release of property allowed; application for sentence reduction dismissed for want of jurisdiction.
- Judges
- RE Aburili
- Legal Topics
- Release of Exhibits, Sentence Reduction, Jurisdiction of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jack Omollo Janeno
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Release of Property and Sentence Reduction
Legal Issues
- 1 Whether the applicant is entitled to the release of the motorcycle seized and produced as an exhibit in the criminal case.
- 2 Whether the High Court has jurisdiction to entertain an application for sentence reduction in this context.
Ratio Decidendi
The court found that the applicant had established ownership of the motorcycle through documentary evidence and that no other party had made a claim to it. Accordingly, the court exercised its discretion to order the release of the motorcycle to the applicant's designated recipient, subject to proper identification and acknowledgment. On the prayer for sentence reduction, the court held that it lacked jurisdiction to entertain such an application in the present context and therefore declined to consider its merits. The application for release of property was granted, while the application for sentence reduction was dismissed.
Court Disposition
Application for release of property allowed; application for sentence reduction dismissed for want of jurisdiction.
Orders
- The Court Administrator is directed to release the motorcycle to Rachael Auma Omollo upon proper identification and acknowledgment.
- The recipient is to be contacted via the provided telephone number to collect the motorcycle forthwith.
Full Case Text
Judgment text and source record
24 paragraphs
Janeno v Republic (Miscellaneous Criminal Application E151 of 2022) [2022] KEHC 16631 (KLR) (19 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16631 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E151 of 2022
RE Aburili, J
December 19, 2022
Between
Jack Omollo Janeno
Applicant
and
Republic
Respondent
(Being an Application seeking for orders for release of applicant’s property and for sentence reduction arising from Judgment, conviction and sentence in Siaya HCCRC No. E011/2021 by Hon. R.E. Aburili J)
Ruling
1. I have considered the application dated December 17, 2022 seeking orders for release of the convict/applicant’s property namely Motorcycle No xxxx, Make, Boxer 100cc Red in colour written 'Janeno Jawagusu', which was taken by the police at the commencement of investigations and produced in court as an Exhibit No Pex 2.
2. The applicant who is the convict in Siaya HCR E011/2021 is Jack Omollo Janeno. He wants the above motorcycle released to his daughter Rael Ouma Omollo of ID No xxxx Phone No xxxx.
3. I have perused the application and note that the applicant had initially written to court on May 25, 2022 and was referred to DCI Bondo who also wrote to the Deputy Registrar on June 23, 2022. The DCIO Bondo attached a receipt to purchase of the stated motorcycle by the applicant from Nakuru Equipment Supplies Limited. Further, no other person has laid claim to the said motorcycle.
4. For the above reasons, I find the prayer for release of the motorcycle xxxx merited. I grant it and direct the Court Administrator of this court to release the above named motorcycle to Rachael Auma Omollo upon her identification to the court and a proper endorsement and acknowledgment be recorded on the file herein and in Cr E011/2021.
5. I further direct that as the telephone number for the recipient is given, she be called and informed to come and collect the motorcycle forthwith.
6. On the prayer for reduction of sentence in HCR E011/2021, I find the same to be misplaced. I need not delve into its merits. It is declined for want of jurisdiction.
7. I so order.
8. This file is closed.
Dated, signed and Delivered at Siaya this 19thDay of December, 2022R.E. ABURILIJUDGE